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2025 DAILYLAW 4364 (JK)

SANJEEV KUMAR v. UT OF J AND K TH. PRINCIPAL SECRETARY,POWER DEVELOPMENT DEPARTMENT, JAMMU AND ANOTHER

WP(C)/2141/2024 · 2025-03-25

Puneet Gupta, Sanjeev Kumar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2141/2024 CM No. 5215/2024 CM No. 5216/2024 Sanjeev Kumar Aged 49 years S/o Late Sh. Tilak Raj R/o VPO Malti Billawar, Tehsil Billawar District Kathua, At present Greater Kailash, Jammu .....Applicant(s)/Petitioner(s) Through :- Mr. Sanzy Gupta, Advocate v/s 1. Union Territory of Jammu & Kashmir through Principal Secretary, Power Development Department, Civil Secretariat, Jammu/Srinagar. 2. Er.Sunil Kumar, The then Secretary (Technical) Power Development Government of Jammu & Kashmir Civil Secretariat Jammu/Srinagar. .....Respondent(s) Through :- Mr. Ravinder Gupta, AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 25.03.2025 1. The petitioner invokes the extra-ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India to throw challenge to an interim order dated 28.08.2024 passed by the Central Administrative Tribunal, Jammu Bench at Jammu [“the Tribunal”] in OA No. 934/2024 whereby, the Tribunal has declined to grant interim relief prayed for by the petitioner. 2. This petition came up for consideration before this Court on 04.09.2024 when this Court, while issuing notice to the respondents for filing objections, also provided by way of interim arrangement that the impugned Government Order No. 130-JK (PDD) dated 13.08.2024, whereby the penalty of reduction of two increments with cumulative effect was imposed upon the petitioner, shall not to be acted upon. The interim order dated 04.09.2024 is continuing ever since. Sr. No. 16 2 WP (C) No. 2141/2024 3. Having regard to the fact that the OA as also the prayer for interim relief is yet to be considered by the Tribunal, we propose to dispose of this petition by providing as under:- i) That the respondents shall file their objections to the OA as also the application, if not already filed, for interim relief pending adjudication before the Tribunal within a period of two weeks from today. ii) That the Tribunal shall consider the grant or otherwise of the interim relief on the next date positively. iii) Till the application for interim relief is considered by the Tribunal, the interim order dated 04.09.2024 passed by this Court shall remain in operation. 4. Disposed of. 5. Parties are directed to appear on the date already fixed by the Tribunal. (Puneet Gupta) (Sanjeev Kumar) Judge Judge JAMMU 25.03.2025 Tarun